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7 LONG TITLE
8 General Description:
9 This bill addresses processes related to water rights and interference claims.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides for the effect of the filing of a proof;
13 ▸ addresses certificates of appropriation;
14 ▸ establishes that filing a protest or judicial review action is not required to bring a
15 judicial interference claim; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 73-3-16, as last amended by Laws of Utah 2013, Chapter 221
24 73-3-17, as last amended by Laws of Utah 2011, Chapter 128
25 ENACTS:
26 73-3-32, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 73-3-16 is amended to read:
30 73-3-16. Proof of appropriation or permanent change -- Notice -- Manner of
31 proof -- Statements -- Maps, profiles, and drawings -- Verification -- Waiver of filing --
32 Statement in lieu of proof of appropriation or change.
33 (1) Sixty days before the date set for the proof of appropriation or proof of change to be
34 made, the state engineer shall notify the applicant by mail when proof of completion of the
35 works and application of the water to a beneficial use is due.
36 (2) (a) On or before the date set for completing the proof in accordance with the
37 approved application, the applicant shall file proof with the state engineer on forms furnished
38 by the state engineer.
39 (b) The filing of a proof in accordance with this section is a request for agency action
40 under Title 63G, Chapter 4, Administrative Procedures Act, only between the applicant and the
41 state engineer.
42 (3) Except as provided in Subsection (4), the applicant shall submit the following
43 information:
44 (a) a description of the works constructed;
45 (b) the quantity of water in acre-feet or the flow in second-feet diverted, or both;
46 (c) the method of applying the water to beneficial use; and
47 (d) (i) detailed measurements of water put to beneficial use;
48 (ii) the date the measurements were made; and
49 (iii) the name of the person making the measurements.
50 (4) (a) (i) On applications filed for appropriation or permanent change of use of water
51 to provide a water supply for state projects constructed pursuant to [
52 Board of Water Resources - Division of Water Resources, or for federal projects constructed by
53 the United States Bureau of Reclamation for the use and benefit of the state, any of its
54 agencies, its political subdivisions, public and quasi-municipal corporations, or water users'
55 associations of which the state, its agencies, political subdivisions, or public and
56 quasi-municipal corporations are stockholders, the proof shall include:
57 (A) a statement indicating construction of the project works has been completed;
58 (B) a description of the major features with appropriate maps, profiles, drawings, and
59 reservoir area-capacity curves;
60 (C) a description of the point or points of diversion and rediversion;
61 (D) project operation data;
62 (E) a map showing the place of use of water and a statement of the purpose and method
63 of use;
64 (F) the project plan for beneficial use of water under the applications and the quantity
65 of water required; and
66 (G) a statement indicating what type of measuring devices have been installed.
67 (ii) The director of the Division of Water Resources shall sign proofs for the state
68 projects and an authorized official of the Bureau of Reclamation shall sign proofs for the
69 federal projects specified in Subsection (4)(a).
70 (b) Proof on an application for appropriation or permanent change for a surface storage
71 facility in excess of 1,000 acre-feet constructed by a public water supplier to provide a water
72 supply for the reasonable requirements of the public shall include:
73 (i) a description of the completed water storage facility;
74 (ii) a description of the major project features and appropriate maps, profiles, drawings,
75 and reservoir area-capacity curves as required by the state engineer;
76 (iii) the quantity of water stored in acre-feet;
77 (iv) a description of the water distribution facility for the delivery of the water; and
78 (v) the project plan for beneficial use of water including any existing contracts for
79 water delivery.
80 (5) The proof on [
81 the applicant's appointed representative.
82 (6) (a) Except as provided in Subsection (6)(b), when filing proof, the applicant shall
83 submit maps, profiles, and drawings made by a Utah licensed land surveyor or Utah licensed
84 professional engineer that show:
85 (i) the location of the completed works;
86 (ii) the nature and extent of the completed works;
87 (iii) the natural stream or source from which and the point where the water is diverted
88 and, in the case of a nonconsumptive use, the point where the water is returned; and
89 (iv) the place of use.
90 (b) The state engineer may waive the filing of maps, profiles, and drawings if in the
91 state engineer's opinion the written proof adequately describes the works and the nature and
92 extent of beneficial use.
93 (7) In those areas in which general determination proceedings are pending, or have
94 been concluded, under [
95 may petition the district court for permission to:
96 (a) waive the requirements of this section and Section 73-3-17; and
97 (b) permit each owner of an application to file a verified statement to the effect that the
98 applicant has completed the appropriation or change and elects to file a statement of water
99 users claim in the proposed determination of water rights or any supplement to it in accordance
100 with [
101 proof of change.
102 (8) This section does not apply to an instream flow water right authorized by Section
103 73-3-30.
104 Section 2. Section 73-3-17 is amended to read:
105 73-3-17. Certificate of appropriation -- Evidence.
106 (1) Upon the satisfaction of the state engineer that an appropriation, a permanent
107 change of point of diversion, place or purpose of use, or a fixed time change authorized by
108 Section 73-3-30 has been perfected in accordance with the application, and that the water
109 appropriated or affected by the change has been put to a beneficial use, as required by Section
110 73-3-16 or 73-3-30, the state engineer shall issue a certificate, in duplicate, setting forth:
111 (a) the name and post-office address of the person by whom the water is used;
112 (b) the quantity of water in acre-feet or the flow in second-feet appropriated;
113 (c) the purpose for which the water is used;
114 (d) the time during which the water is to be used each year;
115 (e) the name of the stream or water source:
116 (i) from which the water is diverted; or
117 (ii) within which an instream flow is maintained;
118 (f) the date of the appropriation or change; and
119 (g) other information that defines the extent and conditions of actual application of the
120 water to a beneficial use.
121 (2) A certificate issued on an application for one of the following types of projects need
122 show no more than the facts shown in the proof submitted under Section 73-3-16:
123 (a) a project constructed according to [
124 - Division of Water Resources;
125 (b) a federal project constructed by the United States Bureau of Reclamation, referred
126 to in Section 73-3-16; and
127 (c) a surface water storage facility in excess of 1,000 acre-feet constructed by a public
128 water supplier.
129 (3) A certificate issued under this section does not:
130 (a) extend the rights described in the application[
131 (b) constitute a determination by the state engineer as to whether the perfected
132 appropriation or change has or may result in interference, impairment, injury, or other harm to
133 another water right.
134 (4) Failure to file proof of appropriation or proof of change of the water on or before
135 the date set [
136 (5) (a) One copy of a certificate issued under this section shall be filed in the office of
137 the state engineer and the other copy shall be delivered to the appropriator or to the person
138 making the change who may record the certificate in the office of the county recorder of the
139 county in which the water is diverted from the natural stream or source.
140 (b) The state engineer is not required to deliver a copy of a certificate issued under this
141 section to a person other than the appropriator or the person making the change.
142 (6) The certificate issued under this section is prima facie evidence of the owner's right
143 to use the water in the quantity, for the purpose, at the place, and during the time specified
144 [
145 Section 3. Section 73-3-32 is enacted to read:
146 73-3-32. Filing protest or judicial review action not required to bring judicial
147 interference claim.
148 The following are not a prerequisite to filing a judicial action for interference, damages,
149 declaratory, injunctive, or other relief, based on the use of water under an existing water right:
150 (1) filing a protest to a water right application filed pursuant to this chapter, or to a
151 claim filed under Section 73-5-13; or
152 (2) participation as a party in a judicial review action challenging the state engineer's
153 action on a water right application filed pursuant to this chapter.